These Terms of Service govern the supply of services by The Maven Marketing Co Pty Ltd (referred to in this document as Maven Marketing, we, us or our) to the client engaging our services (you or your). By accepting a proposal, paying an invoice, signing an agreement, or continuing to use our services, you agree to these terms.
1. Scope of Services
- Maven Marketing may provide services including website design and development, landing pages, Google Ads management, Meta Ads management, SEO, content, strategy, creative, and related digital marketing services as agreed in your proposal or service agreement.
- The exact services, deliverables, pricing, setup fees, and inclusions for your engagement are set out in your proposal, package, invoice, or written scope. If there is any inconsistency, the signed proposal or written scope takes priority over general website wording.
2. Website, Landing Page and Hosting Services
- Landing pages may be supplied on either an ownership basis or a lease basis, depending on the agreed package.
- If you purchase a landing page or website outright, ownership transfers to you once all outstanding fees relating to the build have been paid in full.
- If you lease a landing page, the build remains our property unless a separate ownership transfer is agreed in writing. Lease pricing may be bundled with management fees and hosting.
- Where hosting is supplied by Maven Marketing, recurring hosting fees continue until the hosting service is cancelled. You are responsible for giving reasonable notice if you want hosting stopped or transferred.
- You are responsible for reviewing and approving website content, functionality and launch requirements in a timely manner. Delays in approvals, content, access or feedback may push project timelines out.
3. Google Ads Services
- We provide setup, management, optimisation and reporting for Google Ads campaigns in line with the agreed package.
- Your advertising spend is paid directly by you to Google. Our fees cover strategy, setup, management, optimisation, reporting, and agreed related work, but do not include media spend unless expressly stated.
- Your Google Ads account should be created in your business name wherever practicable. You retain ownership of the account, billing profile, campaign history and assets within the account, while we retain management access for the duration of the engagement.
4. Meta Ads Services
- We provide setup, management, optimisation and reporting for Meta advertising across platforms such as Facebook and Instagram, subject to the agreed scope.
- Your ad spend is paid directly by you to Meta. Our fees relate to management, strategy, creative coordination, optimisation, reporting, and agreed related services.
- Your Meta ad account and associated business assets remain yours, provided all amounts owing to us have been paid and the assets are held in your business account rather than ours.
5. SEO and Digital Growth Services
- SEO, content, AI optimisation, technical optimisation and related organic growth services are provided on a best-efforts basis and are influenced by factors outside our control, including search engine updates, competitor activity, website limitations, and third-party platform changes.
- You must provide timely access to the website CMS, hosting environment, analytics tools, tag manager, search console and other relevant systems where required for us to perform the work.
- Unless otherwise agreed, completed SEO work, content updates, optimisations and implementation inside your owned website remain with your business after termination, subject to payment of all outstanding fees.
6. Client Responsibilities
- You must provide accurate information, timely approvals, relevant account access, and all content or assets reasonably required for us to supply the services.
- You warrant that any materials, branding, images, copy, data, testimonials, product information, or other assets supplied by you can be lawfully used by us for the engagement and do not infringe the rights of any third party.
- You are responsible for the final review of all factual, legal, regulatory and compliance matters relevant to your business, including any statements relating to claims, licensing, medical, financial, legal or regulated services.
7. Fees, Billing and Payment
- Fees are payable in the manner set out in your proposal, package or invoice. This may include upfront build fees, setup fees, weekly management fees, monthly fees, hosting charges, or project-based charges.
- Recurring fees may be processed automatically through Stripe or another payment method we approve. By engaging our services, you authorise us to collect recurring payments in line with your agreed package.
- Advertising spend, third-party platform charges, software subscriptions, plugin fees, hosting purchased through third parties, domain renewals, and other external costs are your responsibility unless expressly included in writing.
- If a payment fails, becomes overdue, or is disputed without proper basis, we may pause work, withhold deliverables, suspend access, or delay launch until the account is brought up to date.
8. Initial Commitment Period
- For recurring management services, an initial launch or commitment period may apply if stated in your proposal, package or invoice. Unless a different period is agreed in writing, recurring management services supplied under these terms are subject to a minimum initial period of two months from commencement.
- The initial period allows for onboarding, implementation, testing, optimisation and performance calibration. If you choose to stop during that period, the fees for the full initial period remain payable.
9. Cancellations and Termination
- After any applicable initial commitment period has ended, either party may end recurring services by giving written notice, unless a different notice period is set out in your written agreement.
- If services are cancelled, you remain responsible for all fees incurred up to the effective cancellation date, including any approved third-party costs and any committed minimum-term amounts.
- We may suspend or end services immediately where there is abusive conduct, unlawful activity, non-payment, refusal to provide required access, or circumstances where continuing the engagement is no longer commercially or ethically appropriate.
10. Refunds
- Setup fees, strategy fees and upfront website or landing page payments are not refundable once work has started.
- Management fees already billed for work completed or work underway are non-refundable.
- Nothing in these terms excludes any rights you may have under Australian Consumer Law that cannot lawfully be excluded.
11. Intellectual Property and Ownership
- Pre-existing intellectual property owned by Maven Marketing, including internal systems, templates, frameworks, processes, know-how, reporting formats, and proprietary methodologies, remains our property.
- Subject to payment in full, you receive ownership of final deliverables specifically created for your business under the agreed scope, except where the item is licensed, leased, third-party owned, or otherwise identified as remaining our property.
- Content, layouts, graphics, code, documents and other material published on the Maven Marketing website remain our property or are used under licence and must not be copied, republished, adapted or commercially exploited without permission.
12. Website Use and Online Content
- Information on our website is provided as general information only. While we aim to keep content current and accurate, we do not guarantee that website content is complete, current, error-free or suitable for your particular circumstances.
- You use our website and any publicly available resources at your own risk. It is your responsibility to determine whether our services are appropriate for your business and objectives.
- We may update, remove, suspend or change website content, offers, pricing examples and service information at any time without notice.
13. Performance, Results and Disclaimers
- We do not guarantee rankings, leads, sales, platform approval, ad performance, uninterrupted website availability, or specific commercial outcomes unless expressly agreed in writing.
- Marketing results depend on a range of factors, including budget, offer quality, competition, website performance, sales process, response times, client cooperation, market conditions, and third-party platform changes.
- To the maximum extent permitted by law, services and website content are provided on an as-is and as-available basis.
14. Limitation of Liability
- To the extent permitted by law, Maven Marketing is not liable for any indirect, incidental, special or consequential loss, including loss of profit, revenue, data, goodwill, opportunity or business interruption arising from your use of our website or services.
- Where liability cannot be excluded, our total liability in connection with a claim is limited to the amount paid by you to us for the specific service giving rise to the claim in the three months immediately preceding the event giving rise to the claim.
15. Indemnity
- You agree to indemnify and hold Maven Marketing, its directors, staff, contractors and representatives harmless from claims, losses, liabilities, costs or expenses arising from materials you supply, your misuse of our services, your breach of these terms, or your breach of law or third-party rights.
16. Privacy and Data Handling
- We collect and use personal and business information reasonably necessary to provide our services, administer accounts, process payments, communicate with you, and improve our operations.
- Payments may be processed by third-party payment providers such as Stripe. We do not store full card details ourselves unless expressly stated.
- Our handling of personal information is also governed by our Privacy Policy as updated from time to time.
17. Third-Party Platforms and Links
- Our services may involve third-party platforms, software, plugins, hosting providers, ad networks, analytics tools and external websites. We are not responsible for the acts, omissions, outages, policy changes or security practices of those third parties.
- Where our website links to third-party sites, those links are provided for convenience only and do not amount to endorsement.
18. Changes to These Terms
- We may update these Terms from time to time. The latest version published by us or provided with your proposal will apply from the date it is published or otherwise notified to you.
- Continuing to use our website or services after an update takes effect will be taken as acceptance of the revised terms.
19. Governing Law
- These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and any courts hearing appeals from them.
20. Contact Details
Note: If a signed proposal, service agreement or statement of work expressly overrides a clause in these Terms, the signed project document will prevail to the extent of that inconsistency.
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